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Human Resources
 

A 401(k) Plan fiduciarys Nightmare---U.S. supreme Court Opens the Litigation Flood
Gate with Employee Retirement Benefit Plans
  Accessing Employees' Social Network Sites - Are You My "Friend?"
  Are Employees Who Exercise Legal Rights Immune From Discipline? Of Course Not, But Developing Case Law Shows That Disciplining A "Protected" Employee May Require More Convincing Evidence To Support Management's Decision
  Are Employers Required To Provide Paid Sick Leave?
  Can An Employer Ask An Employee To "Give Up" Overtime Pay?
  Class Action Lawsuits Over 401(K) Plan Administration Continue to Gain Traction
  COBRA Subsidy Extended Through March 2010
  Congress Extends the 65% Premium Assistance Subsidy
  Discriminatory Practice to Refuse to Hire and Unemployed Applicant?
  Do Illinois Employers Have to Give Notice to Employees When They Fire Them?
  Emergency Unemployment Insurance Issues for Illinois Employers
  Employee Handbooks: Delete Unnecessary Promises!
  Employers are Confused! How Can My Employees Both Work and Collect Unemployment Insurance Benefits from IDES?!
  Employers Must Be More Careful Than Ever With Criminal Background Checks!
  Employers: Time To Get Up To Par With Mental Health Parity
  Employer Rights In Disciplining Employees During FMLA Leave
  Employment At Will In Iowa, Or Is It?
  Facebook - Everywhere You Look
  H1N1 From an Insider's Perspective
  H1N1 Legislation - Employers May "Cough Up" (Pardon the Pun) More Dough for Sick Employees
  How Employers Can Avoid Overtime Problems and Other Wage and Hour Concerns
  How to Conduct a Sexual Harassment/Discrimination Internal Investigation
  HR audits: An Ounce of Prevention
  E-ALERT: Surprise! Illinois Employers May Give Out Bad References About Former Employees!
  Illinois Employers and Their Chains of Command
  Illinois Employers May Benefit from Adopting a Relationship Policy
  Illinois General Assembly Looks to Expand the Victims' Economic Security and Safety Act (VESSA)
  Illinois Gender Violence Act - Another Reason to be Vigilant in the Enforcement of Anti-Sexual Harassment Policies
  Illinois' Non-Compete World Now Easier for Employers!
  IOWA - Employment At Will
  Is WS Endorsed On Your Epli Or D/O Insurance Policy?
  Is Your Company Inadvertently Extending FMLA Rights? It Could Cost You!
  Lawsuit Over Disputed Commissions Is Resolved In Employer's Favor
  Lessons Learned: Effective Documentation
  Lessons Learned: The Other Side of the Story
  Letters from the Illinois Department of Employment Security (IDES)
  Minnesota COBRA Changes and Federal COBRA Subsidy Update
  Minnesota Court Addresses How Long An Employer Must Wait To Disqualify A Job Applicant Based On Convictions Disclosed Through A Criminal Background Check
  Minnesota Supreme Court Rules Duluth Must Provide Retirees Lifetime Health Insurance Benefits At the Same Level As Current Employees
  Minnesota Tipped Wages Takes Center Stage in Gubernatorial Race
  My Workplace - Smoker-Free
  New COBRA Subsidy - Top Ten Most Frequently Asked Questions
  NEW Illinois Supreme Court Decision on Enforceability of Non-Compete Agreements: Good News for Employers! 
  New Record Keeping Policies Now a Business Imperative
  Not All Harassment Complaint Procedures Are Acceptable
  One of Your Employees Was Just Indicted For Murder. What Now?
  Overtime Pay: You Cheated Me!
  Recent Developments in Iowa
  Relief For Employers Offering Retiree Health Benefits
  Road Map for Health Care Plans
  Same-Sex Partner Benefits
  School's Out Soon -- Read This Before Hiring Teen Workers
  Severance Agreements Releasing Claims in Minnesota Continue to be Under Attack in the Courts
  Sick of FMLA Abuse? Private Investigation Provides Another Way to Fight Back
  Social Media Goes To Court
  Supreme Court Rules Plaintiff Lawyers Have No Class... As In "No Class Action!"
  Textual Harassment: The New Smoking Gun
  The Bane of the Technological Age 
  The Employer's Legal Maze 
  The Importance of the Human Resources Audit
  The Question of Mandatory Direct Deposit
  Tough Choices: Cutting Labor Costs Do's and Don'ts
  Unlawful Hiring Practices: The EEOC Continues to Expand its Definition of What Constitutes an Impermissible Pre-Employment Inquiry
  Why Can't I Take Money From A Careless Employee's Paycheck in Illinois?!
  Wisconsin Legislature Seeks to Regulate Employer Monitoring of Employee Email
 
Government Regulations
  2009 Iowa Legislature Comes To A Close
  A Bridge to Justice - A Bridge Too Far?
  Are You Incorrectly Paying Your Employees? If So It Could Cost You Your Business
  Are You Prepared for the 2012 HIPAA Audits? 
  Are Your Local Truck Drivers Exempt From the Overtime Requirements Under the Fair Labor Standards Act?
  As An Owner, You Could Be Charged With A Felony Under This 2011 Amendment - Have You Been Paying Attention? 
  Businesses Are Once Again Being Discouraged to Conduct Business In Illinois With More Amendments to the Prevailing Wage Act
  Compensatory and Punitive Damages Now Recoverable Under WFEA
  Court Finds No Right to Jury Trial Under WFMLA
  Court Sets Standard for Individual Liability under the MHRA
  Court Tosses Milwaukee Sick Leave Ordinance
  Court Upholds OSHA's "Controlling Employer" Citation Policy
  Court Holds that Minnesota Drug and Alcohol Testing Statute Does Not Bar NFL From Disciplining Vikings Players Who Tested Positive for Reputed Steriod Masking Agent
  Connecticut Becomes First State in the U.S. To Enact Paid Sick Leave!
  Department of Labor Expands the Family and Medical Leave Act (FMLA) For Non Traditional Families
  Don't Get Sacked By Minnesota's Drug Testing Law
  EEOC Issues Its Long-Awaited New ADA/ADAAA Regulations - EMPLOYERS BEWARE: You have less than two months to prepare!
  Election '08: What "Change" May Actually Mean to Employers
  Employee Misclassification Prevention Act
  Employer Government Benefit ????
  Employer Severance Plans May Help Lessen the Cost of WARN's Advance Notice Requirements
  Employers Are Still Clamoring to Prepare for New EEOC Regulations on the American with Disabilities (ADA) Amendments
  Employment Law: To Notice Or Not To Notice (WARN)
  Evaluating and Comparing Minimum Wage Laws
  Fair Labor Standards Act (FLSA) - Paying Your Employees
  Federal Minimum Wage Increase 6-07
  Final Family Medical Leave Act Regulations
  FMLA Amended... Again
  FMLA Leave Expanded For Military Families
  Follow the Medical Brick Road or Doing the FMLA Notice Dance
  GINA: First Federal Civil Rights Law of the 21st Century
  GINA is Here - Are Your Policies Up To Date?
  The Hidden Risks Of The Motor Fuel Tax And How The Illinois Department of Transportation Is Now Attempting To Exploit Those Risks!
  Hot Topic: New Amendments to the ADA - Effective January 1, 2009
  Illinois Employers Beware: Prevailing Wage Act Expanded
  Illinois Introduces Bill to Create a New Cause of Action for Employees Subjected to an "Abusive Work Environment"
  Illinois Employers Ask... Can I Require My Employee to Work Seven Days in a Row?! 
  Iowa Employers Need To Be Vigilant Regarding Equal Pay Issues
  Iowa Fair Pay Law Effective July 1, 2009
  Iowa House Passes File #681, Which Could Establish an Iowa WARN Act
  Labor Related Executive Orders Issued by President Obama Implemented in May 2010
  Liability For Harassment Under Illinois Law More Expansive Than Federal Law
  LIRC Limits Award of Front Pay Under Wisconsin Fair Employment Act to Claims for Retaliation
  Minnesota Department of Human Rights Must Keep Information Confidential
  Minnesota's Drug and Alcohol Testing Statute (DATWA) Was Not Violated When Employee Was Fired While Undergoing Drug Testing
  Milwaukee Sick Leave Update
  Minnesota Amends Personnel File Law
  Model Illinois Biometric Policy Now Available
  Model Language for Service Member Supplement to FMLA
  More Penalties for Employers - Non-Payment of Wages
  New Changes to the Illinois Prevailing Wage Act
  New Proposed Regulations Look to Turn In-Home Care Industry Upside-Down
  The New Iowa WARN Act
  Notice Requirements Strengthened Under the Illinois Prevailing Wage Act
  Obama Appoints Two Democratic Nominees To NLRB, Leaves GOP Nominee Behind
  Occupational Safety and Health Administration at Work
  OFCCP Targets Minnesota Companies
  OSHA Issues Final Rule on Employer Payment for Personal Protective Equipment
  Paycheck Fairness Act Fails to Pass Senate
  President Obama Designates Wilma B. Liebman To Be the Chairman Of The NLRB
  President Obama's Economic Bailout for the Trial Lawyers: The "Lilly Ledbetter Fair
Pay Act" Breathes New Life Into Dead Claims
  Proposed Legislation Creates Additional Concerns for Wisconsin Employers
  Proposed Notice Regarding Rights of Employees Under the NLRA
  Public Sector Employers
  Refusing to Hire the Unemployed - An Unlawful Employment Act?
  REMINDER - Don't Forget the New DOT Regulations on Use of Cell Phones That Take Effect January 1, 2012
  Reminder To "Small" Illinois Employers: VESSA Now Applies To Your Company
  Right to Work States
  Supreme Court Skirts Text Message Privacy
  The Contours of the Illinois Prevailing Wage Act's Narrow Hauling Exemption
  The Corporate Shield Pushed Aside for Fair Labor Standard Act Violations - Yes, That Means Personal Liability!
  The Recent Health Care Reform: What Employers Need to Know
  Update on Union Pension Funds
  U.S. Supreme Court Endorses So-Called "Cat's Paw" Theory of Employer Liability Where a Non-Decision Maker Influences Adverse Employment Action
  U.S. Supreme Court Rules Even Oral Complaints of Wage & Hour Are Protected from Employer Retaliation Under the FLSA
  Wessels Sherman's Submission and Comments to the DOL Regarding the New Proposed Rule
  What's the Illinois Prevailing Wage Act?
  Will the Supreme Court Expand Retaliation Claims to Protect Employees Who "Associate" With Employees Who Have Engaged In Protected Activity?
   
  Wisconsin Court Exends Duty of Loyalty
  Wisconsin FMLA Expanded to Include "Domestic Partners"
  Wisconsin Legislative Scorecard (June 2010)
  Wisconsin Legislative Update (April 2010)
  Wisconsin Update
 
Labor Union Matters
  Another Problem for Unionized Employers - Trust Fund Audits
  Are You Ready For the Employee Free Choice Act?
  Change to the NLRA Moves Forward Despite Opposition
  Collective Bargaining in an Era of Union Decline
  Construction Industry Developments
  Construction Industry "Salting" Tactics
  Court Rules That Plaintiff Must Arbitrate FMLA Claims Under His Employer's Collective Bargaining Agreement With Teamsters Union 
  EFCA Will Not Becom Law, But Employers Must Still Be Alert To Union Card Signing
  Employee Free Choice Act Not Dead Yet!
  Employee Free Choice Act: Time for a Compromise?
  Evergreen Clause in Collective Bargaining Agreement Costs Employer More Green in Minnesota
  Gainsharing: Key to Better Employee Relations in Union and Non-Union Companies Alike
  Is Your Union Contract a Ticking Time Bomb?
  Judge Postpones Implementation of Governor Dayton's Executive Order Permitting Daycare Workers to Vote to Unionize
  Minnesota Supreme Court Grants Unions Access to Private Company Payroll
  National Labor Relations Board Expands Pro-Union Agenda
  National Labor Relations Board Faux Pas
  National Labor Relations Board Issues Complaint Against Boeing Company Alleging that Boeing Unlawfully Transferred Work to a Non-Union Facility
  New NLRB Rule Requires Posting of Employee Rights Notice (Pro-Union)!
  NLRB Continues to Expand Its Authority Over Non-Union and Union Employers Alike - Rules Arbitration Agreements That Prevent Employees From Pursuing Class Action Employment-Related Claims Violate Federal Labor Law
  NLRB Issues Final Rule on "Ambush Elections" December 22, 2011
  NLRB Postpones its Mandatory Notice-Posting Until 1/31/2012
  Fired for Facebook? NLRB Position on Companies' Social Media Policies and Firing Employees for Online Posts Delayed
  Outlook is Bleak for Multi-Employer Pension Funds
  Ratification: A Matter of Interpretation?
  Recent NLRB Election Results Demonstrate Why Employers Need to Campaign in Union Elections
  Social Media Agenda Continues to be a Priority for the National Labor Relations Board
  January 21, 2011 Statement by Secretary of Labor Hilda L. Solis on Unionization Rate
  Union Contracts - The one-person unit rule
  Union Purchased Local Golf Course in Minnesota
  U.S. Supreme Court Issues a Huge Blow To Labor Union Politics: Will Congress
Respond By Bailing Out The Unions?
  White House Announces Three NLRB Nominations
  Wisconson Governor Signs Law Restricting Unions' Ability To Collectively Bargain On Their Members' Behalf
 
Independent Contractor Matters
  As work force changes, many misclassified workers miss out on benefits
  Do You Need a Minnesota Independent Contractor Exemption Certificate? A Compliance Audit Can Limit Your Liability.
  Effective Independent Contractor Agreements
  Employer Alert: Keep Track of 30 Working Days for Illinois Unemployment Insurance Purposes
  Employers Wonder: How Can My Independent Contractor File For Unemployment Insurance Benefits?
  Evaluating your Independent Contractor Agreement Under the Illinois Employee Classification Act
 
Government Agencies are Going After Employers Who Wrongly Misclassify Employees as Independent Contractors
  Great news for Companies Who Use Independent Contractor Massage Therapists!
  Handling IDES Audits: Section 212(A), (B) and (C)
  How Does A Company Properly Terminate Independent Contractors?
  IDES and IRS Audits: Why Does the Company Need to Prove Independent Contractor Status
  IDES Audits for Independent Contractor Truck Drivers
  IDES Audits of Independent Contractor Truck Owner/Operators under Section 212.1
  IDES Audits: Deciding How Much a Trucking Company Owes
  IDES Audits: Don't Handle an Illinois Department of Economic Security Audit Without Careful Planning!
  IDES Audits: Five Questions Companies Commonly Ask
  IDES Audits: If You Use Independent Contractors, Be Sure You Know All of the Powerful IDES Exemptions
  IDES Audits: How Employers Should Fill Out The Audit Questionnaire
  IDES Audits: Why Are Auditors Using Questionnaires for an IDES Audit?
  ILLINOIS EMPLOYEE CLASSIFICATION ACT: The Rules Have Been Finalized and Adopted
  Illinois Employers: Be Aware of Dangerous and Misleading New IDES Policy Concerning IDES Audits!
  Illinois Employment Classification Act 1/1/2008
  Illinois Prevailing Wage Work Could Lead to Illinois Employee Classification Act Audits
  Independent Contractor or Employee Status? New IRS Audits Turn Up Heat on Misclassification
  IRS Plans Increased Independent Contractor Crackdown!
  IRS Targets Companies Using Independent Contractors
  Minnesota Agencies to Coordinate with the Federal Government to Investigate Misclassification of Employees
  Minnesota Trucking and Messenger/Courier Employers: Be Sure Your Know the New State Independent Contractor Criteria
  Ownership of the Truck is Extremely Important for Independent Contractor/Owner Operators in Illinois
  Protect Independent Contractor Status When You Fill Out the Paperwork for IDES Audits
  Recent Decisions on Independent Contractor Status In Trucking as Viewed by the Illinois Department of Employment Security (IDES) Under Section 212.1 of the Illinois Unemployment Insurance Act
  Section 212.1 and Payment of Workers' Compensation Premiums
  Should Your Company Take Advantage of the New IRS Voluntary Worker Classification Settlement Program? Look Before You Leap!
  Six Questions and Answers Under the Illinois Employee Classification Act
  Strict Posting and Record Keeping Requirements Under the Illinois Employee Classification Act
  The Illinois Independent Contractor Law: The Illinois Employee Classification Act- Frequently Asked Questions and Answers
  The Proper Use of Independent Contractors
  Trucking Companies Should Exercise Caution When Setting Up Owner-Operator Escrow Programs
  Warning to Illinois Companies About Employee Classification Act: New Danger!
  What are the "Penalties" Under the Illinois Employee Classification Act
  What is "Construction" Under the Illinois Employee Classification Act
  Which Illinois Unemployment Insurance Contribution Rate Do I Use, The Employee Leasing Company's or the Client Company's?
  Yes, the Illinois Employee Classification Act Complaints are Starting to Roll In
 
Discrimination/Wrongful Termination
  Another Anti-Employer Unemployment Ruling in Iowa
  Appellate Court Upholds Dismissal of ADA Claim By Plaintiff Who Became Ill From Cancer
  City's Inability To Accommodate An Employee's Disability Supported By Court
  Employee Engages in Same Conduct As His Supervisor but Disciplined More Harshly: Race Discrimination Case 
  Employees Have More Ways to Prove a Violation of the Minnesota Human Rights Act (MHRA)
  Employee Who Took Protected Military Leave Was Not Protected From Discipline for Misconduct Discovered While He Was Away
  In a Case of First Impression: Federal Court of Appeals Declares Infertile Woman Receiving In Vitro Fertilization Treatment Can Maintain Pregnancy Discrimination Lawsuit Against Employer
  In Landmark Wal-Mart Case, Supreme Court Deals Major Blow to Class Action Lawsuits and the Lawyers Who Pursue Them
  Iowa Court Rules in Favor of Employer Refusing to Rehire/Reinstate Pregnant Employee
  Iowa Hotel Chain to Stand Trial in Sex Discrimination Case for Allegedly Shunning "Ellen DeGeneres Look" for its Front Desk Position
  Minnesota Court of Appeals Rules that Employer's Settlement Payment in an Employment Discrimination Suit Reduces Employee's Unemployment Compensation Benefits
  Minnesota Court Questions Genuineness of Employers Reduction in Force
  Minnesota Courts Continue to Find Poorly Worded Severance Agreements Unenforceable
  Minnesota: No Discrimination Based On The Employee's Marital Status
  Minnesota Supreme Court Decides Case of First Impression Construing the 1988 Amendments to "Marital Status" Discrimination Under the Minnesota Human Rights Act
  Sears, Roebuck To Pay $6.2 Million For Disability Bias
  Seventh Circuit Backs Walmart Firing of Anti-Gay Religious Employee
  Seventh Circuit Court of Appeals Announces No "Token" Exception in Discrimination Cases
  Supreme Court Rules "Mixed Motive" Instruction Is Never Proper Under The ADEA: Will This Decision Prompt The Jack Gross Age Fairness Act?
  Supreme Court Ruling Allows Employers to Curtail Future Age Discrimination Litigation By Allowing Mandatory Arbitration Of Age Discrimination Claims
  Supreme Court Supports White Plaintiffs in Reverse Discrimination Suit
  Ten Tips for Employers Who Face Going to an Illinois Department of Human Rights Fact Finding Conference
  The Paycheck Fairness Act - At a Glance
  Using Race to Deny Promotion Proves Problematic For Employer
  Wisconsin Court Rules Employer May Not Avoid Bonus Obligation by Terminating At-Will Employee
 
Unfair Competition Matters
  Illinois Appellate Court Ruling Makes It More Difficult For Employers to Enforce Non-Solicitation Agreements
  Improving Economy Sees an Increase in Non-Compete Disputes
  Minnesota Court Enforces Non-Compete Agreement Signed as a Condition of Promotion to Regional Sales Manager
  Recovery From Tough Economy Spurs Unfair Competition, Non-Compete and Employee Poaching Disputes in Minnesota
  Wisconsin Supreme Court Revisits Non-Compete Agreements
 
Unemployment/Workers Compensation Defense
  Contrary to Popular Belief, Employers Can Win Unemployment Compensation Cases Based on Attendance
  Controlling the High Cost of Worker's Comp.
  Demise of Denny Hecker Auto Dealership Impacts Unemployment Compensation Law Rulings in Minnesota
  Employer Alert: Keep Track of 30 Working Days for Illinois Unemployment Insurance Purposes
  Minnesota Court Finds Unexcused Absences Do Not Amount to Misconduct for Purposes of Unemployment Compensation
  Minnesota Supreme Court Upholds Employer's Intention to Discontinue Workers' Compensation Benefits under a Stipulation and Settlement of Claims
  U.S. District Court Upholds OSHA Subpoena In Grain Engulfment Case
 

Wal-Mart Employee is Ruled Eligible for Minnesota Unemployment Compensation Benefits Despite Admitted Violation of No Call/No Show Rule - Misconduct Excused as Consequential to Employee's Mental Impairment.
  Wisconsin Courts Address Unreasonable Refusal To Rehire
  Wisconsin Worker's Compensation Update
  Worker's Compensation and the ADA
 
Immigration
  2011 H-1B Visas Gone
  Auditor's Study Indicates that State Agencies and Contractors Are Not Fully Complying With Minnesota's E-Verify Requirements
  Mandatory E-Verify Is Back in Minnesota
  DHS Issues Final Rule Amending Electronic Storage Rules for Form I-9
  E-Verify in Illinois: The Legislature is Back in the Business
  Employment Based Immigration Matters
  Employers & Immigration Dilemmas: Lessons from the Chipotle Terminations
  Goodbye Social Security No-Match Regulations and Hello Unannounced Workplace Visits
  H-1B Visa Cap Update
  Handling Social Security No Match Letters
  I-9 Compliance Audits
  IMMIGRATION ALERT: Prepare To File Your FY 2012 VISAS Now
  Immigration Law: New USCIS Handbook Assists Employers By Answering Common I-9 Questions
  IMMIGRATION UPDATE: Illinois' Attempt to Restrict Employers' Use Of The Federal E-Verify Program Is Blocked
  Immigration Update: Federal Judge Enjoins Government From Enforcing Its New Social Security No-Match Regulations
  Immigration Update: Four Breaking Developments
  Immigration Update: Increased Worksite Enforcement Continues in June 2011
  Immigration Update: Self-Check for E-Verify Expands
  Increased Worksite Enforcement for Immigration Violations Announced
  Is E-Verify Self-Checking on the Horizon?
  New H-1B Visas Can Be Filed Beginning April 1, 2011
  New H-1B Visa Cap Reached. (New Petitions Start on April 1, 2012!)
  On the Verge of Immigration Reform(?): Understanding the DREAM Act
  Social Security No Match, No More?
  Social Security No-Match Letters - The Guest Who Won't Leave
  Time to Prepare Those Visas!
 
Litigation Services
  Case Dismissed: Wessels Sherman Joerg Liszka Laverty Seneczko P.S. Secures Victory for Company in Sex Discrimination Lawsuit
  Double Victory in Nevada Case For WS Litigation Team
  Lawsuit Over Disputed Commissions is Resolved in Employer's Favor
  New Litigation Threat - Whistleblowers
  WS Attorney Notches Big Win in Huge Multi-Million Dollar Reverse Race Discrimination Lawsuit
  WS Secures Another Harassment/Discrimination Victory
  WS Strengthens Relationship with the Illinois Chamber of Commerce